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(영문) 전주지방법원 군산지원 2014.05.28 2013고단1702
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 30, 2013, the Defendant made a false statement to the effect that “The Defendant would make payment to the victim F at a discount of 16 pages of the household check issued in the name of the country at a discount of 16,000 won, which is the date of the principal payment, on May 29, 2013, at the E sales store of D in the following cities:

However, at the time of fact, the defendant was difficult to pay the interest of the above debt with monthly income due to the circumstance that he bears the obligation of 4666 million won, such as the joint and several surety debt, the loan debt of financial institutions, credit card payment debt, etc., and the situation that the virtual coefficient is continuously issued to pay the interest of the above debt, and thus there was no intention or ability to pay the virtual coefficient at the date of payment even if he receives a discount from the victim.

The Defendant, by deceiving the victim as such, received KRW 14.4 million from the victim as a discount fee for household checks.

2. On April 24, 2013, the Defendant made a false statement to the victim F at the place indicated in paragraph 1, stating, “The Defendant would make a settlement on August 23, 2013, at a discount of 20,000 won household checks at a discount of 20,000 won.”

However, at the time of fact, the defendant did not have the intention or ability to settle the coefficient index at the date of payment, even if he receives a discount from the victim for the same reason as the statement in paragraph 1.

The Defendant, by deceiving the victim as such, received KRW 18 million from the victim as a discount fee for household checks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of each household check; and

1. Application of Acts and subordinate statutes on the list of individual rehabilitation creditors;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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